Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 9904 of 2019 Petitioner :- Smt. Babita Respondent :- Principal Judge Family Court And Another Counsel for Petitioner :- Satya Prakash Singh Counsel for Respondent :- Ashish Mishra
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Satya Prakash Singh, learned counsel for the petitioner and Sri Sudhir Mehrotra, learned counsel appearing for the respondent no.1.
The present petition has been filed seeking a direction to the Principal Judge, Family Court, Ghaziabad for an expeditious decision in Divorce Petition No. 1731 of 2017 (Smt. Babita Vs. Amit), under Section 13(1) of the Hindu Marriage Act, which is said to be pending.
Counsel for the petitioner has placed reliance upon the order sheet of the case a copy whereof has been annexed as Annexure No.2 to the petition to submit that issues have already been framed in the case and although various dates are being fixed but for some reason or the other and the matter is being adjourned. Reliance has been placed on the provisions contained under Section 21B of the Hindu Marriage Act, 1955 to contend that the proceedings are to be concluded within a time bound period. It is further submitted that the delay in disposal of the petition is causing undue hardship to the petitioner.
In view of the aforementioned facts and circumstances, the present petition is disposed of with an observation that in petition the petitioner appears before the court below and does not seek any unnecessary adjournment it is expected that the court below would make an endeavour to decide the aforesaid case expeditiously in accordance with law provided there is no other legal impediment.
Order Date :- 18.12.2019 Ashok Gupta